论我国反垄断立法对行政垄断的法律控制-马克思主义理论与思想政治教育专业论文.docxVIP

AbstractFair Abstract Fair and regular competition is the COre and soul ofmarketeconomy．Administrative monopoly refers to illegal administrative acts ofadministrative institutions and their subordinate bodies．They use forcible meal娼to exclude or restrict competition,and wreck competitive relations in socialist market economy 01immensely endanger market competition．Current immature soeialjst market economic system， administrative power exercised in economic field and invalid control mechanism of administrative power likely lcads to‘Power Rent．Seeking’or administrative monopoly．Therefore．the method ofrestricting competition in our economic life isn’t economic monopoly，but administrative monopoly．It ha．rills not only competitive orders but alSO economic freedom．and results lOW social economic benefit，breeds corruption，damages social fairness or governmental prestige and obstructs our process ofentering economic globalization afferjoining wT0．As it were，removing administrative monopoly iS the prerequisite for construction and development of market economy．Nowadays，although there are some related laws or rules，such as ‘Ten Clauses ofCompetition’and‘Law ofthe People’S Republic ofChina Against Competition by Inappropriate Means’，regulating administrative monopoly by ‘Anti．Monopoly Law’has been our first imperative because ofmany defects．such as disordered legal organizational structure，unsound responsibility system and weak legal enforcement agency．‘Anti-Monopoly Law’should be based on the value goal of ‘maintaining fair and competitive system’，definitely rule administrative monopoly and apply tO construct an independent and authoritative special legal enfcIrcement agency．Its powers include investigative power,administrative coercive power and quasi-judicial power，etc．‘Anti—Monopoly Law’should clearly explain administrative responsibility，civil responsibility and criminal responsibility and improve judicial remedy system for preventing the increase ofadministrative monopol